Law guide: Workplace

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Carer's leave and protection against detriment or dismissal

Carer's leave and protection against detriment or dismissal

Protection while on carer's leave

Employees are protected from suffering a detriment or dismissal for taking, or seeking to take, carer's leave.

Detrimental treatment

Your employer must not subject you to any detriment by doing something (or deliberately not doing something) because:

  • you took, wanted to take, or they believed you were likely to take, carer's leave, or
  • you benefited from taking carer's leave (due to the any terms and conditions in your contract).

Examples of detrimental treatment include denial of promotion, facilities or training opportunities that your employer would normally have made available.

If you believe you've been treated detrimentally under these circumstances, you could raise a grievance. If it's not addressed, you could take a claim to an Employment Tribunal.

Dismissal and carer's leave

Your employer must not dismiss you or select you for redundancy because you took, wanted to take or you benefited from taking carer's leave.

If your employer dismisses you in these circumstances, you may make a complaint of unfair dismissal to a tribunal regardless of your length of service.

Redundancy during carer's leave

If there is a redundancy situation at the same time as your carer's leave, your employer must treat you the same as any other employee under the circumstances. This might mean consulting you about the redundancy or considering you for any other suitable job vacancies.

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